Give examples of TREATIES AND CONVENTIONS AIMED AT ENSURING EQUALITY.
CEDAW, CERD CRPD
Regional Equality Framework Provisions?
Art 14, 15[freedm from discrimination on the basis of religion,sex caste etc.], 16 (1)[equaility of opportunity and employment], (2)[ freedom from discrimination for employment], (4) [reservations]
What is formal equality?
Formal equality is the principle that ‘things that are alike should be treated alike.’ It ensures fair treatment irrespective of caste, colour, race etc.- ensures decsisons are made on relevant criterias and not on unjust grounds
* prohibits direct discrimination
laid down in law
What is substantive equality?
Substantive equality goes beyond formal equality to address systemic and hsitoric disadvantage, stereotypes, dignity, and participation. values like human dignity, fair distribution of resources and equal opportunities for participation are essential.
talking about equity- applying same rules to everyone can maintain inequalities
* prohibits indirect disrcimination
What are the two forms of substantive equality?
Equality of opportunity (removing barriers to allow fair competition)
equality of results (ensuring fair distribution of outcomes and representation).
What is equality of opportunity?
- Equality of opportunity- true equality achieved when individuals are not only treated equally but also given same chances to advance.
- Focus on adressing historical biases/systemic barriers and individual merit/ abilities
What is Equality of Results?
- Even distribution of social resources- eduaction, employement, healthcare, political representation.
- equality of opportunity-same chances; equality of results- acknowledges that simply removing barriers doesn’t necessarily ensure that the disadvantaged grps will benefit from these opportunities- aims to enhance representation in employment, political rep. etc. **(underrepresneted grps given chance to participate but also fairly represented) **
What is discrimination?
unfai rprejudicial tretament based on characterstics such as race, gender etc.
Right to non-discrimination= universal obligation - ratified or not HR tretaties= CIL
What is direct discrimination?
Direct discrimination occurs when someone is treated less favorably due to a PROHIBITTED characteristic, compared to others in a similar situation- perosn w/o teh characterestic recd. better treatment
What is indirect discrimination?
Indirect discrimination arises w rules, policies or practices disadvantage individuals with a protected characteristic, while seeming to apply equally to everyone.
What is UNHRC GC on NON- DISCRIMINATION OF STATES SAYING?
Principal of equality requires states to take affirmative action to eliminate discrimination and rmeove historical biases- apf. action to correct impairing conditions/ preferential treatment
Affirmative action refers to policies designed to increase opportunities for historically underrepresented groups in education and employment, addressing systemic discrimination by promoting diversity and fair access
What is the tripartite obligation of the state under human rights law?
Respect (refrain from discrimination), Protect (prevent discrimination by state and non-state actors), Fulfil (take proactive measures to eliminate structural patterns of disadvantage and ensure inclusion).
What are alternative conceptions of equality discussed by Fredman?
Equality of results, Equality of opportunity, and Dignity (ensuring equal respect for everyone’s inherent worth, but she cautions that dignity by itself is not enough to capture the right to equality).
Why is dignity both important and problematic in equality law?
Dignity underpins equality but is vague, subjective, and has sometimes added burdens on claimants. Courts have struggled with its meaning, sometimes undermining protection.
What are the four dimensions of substantive equality proposed by Fredman?
1) Redressing disadvantage, 2) Addressing stigma, stereotyping, prejudice, and violence, 3) Enhancing voice and participation, 4) Accommodating difference and achieving structural change.
How does substantive equality address structural change?
It seeks to transform institutions to accommodate difference rather than requiring out-groups to conform, redistributing social costs more fairly.
What is positve action?
Proacitve approach to achieving equality- eliminating existing discrimination and creating conducive consitions taht foster fair treatment and inclusion
inplementing legislative changes, adm. actions etc.
